Production of documents during cross examiantion

The documents proposed to be introduced through defendant during cross examination can be directly filed without filing a petition to receive additional documents.

If the witness admits the documents then it can be marked as plaintiff side evidence.

As per sec 159 of Indian Evidence Act, witness  may be referred any writings & documents to refresh his memory while under cross examination without  filing any petition and that writings or documents can be marked exhibits.

Thank you Sirs

If  document is shown to withness during cross to confront the witness and witness deny or say 'I dont know' then whether court will exhibit the document?

If the witness denies the knowkledge of the documents produced before him during cross examination or refuses to recognise the document itself, then the court will not permit the advocate of the opponent to mark the documents on behalf of the opponent party through this wittness. 

Thank you Sir.

Witness's own documents are shown during cross, still he is saying 'I dont know, i need to check my record and after 8 days i will let you know/produce doc on record".

Now court is not allowing  us to keep cross examination open for those documents . 

Should we close the cross? if we close it, then what will be the effect.

You cannot pressurise the witness to admit the documents produced before him during cross examination evev if it is a diocument pertaining to him, neither you can request court to direct him to admit it. Also the court will not permit you to continue cross examintation on some other day only for this purpose.  You may have to close the cross examination for now and in case you discover any substantial document containing his signature or  clear involvment in it, then you can file a reopen and recall witness petition to continue the coss examination based on the said document you like to rely upon, at a later stage.

yes it is admissible only for corroboration purpose and if it is relevant to the fact in issue

I am Plaintiff. On the basis of two newspaper advertisements  i had filed suit against the defendant. 

Defendant remained silent in WS about his two newspaper advertisements. nither denied nor made any comment.

Now Plaintiff has closed his oral evidence. DW1 cross going on. in cross witness denied the document of two newspaper advertisements.  Now plaintiff has to prove the two newspaper advertisements. What plaintiff should do now  to prove  those two newspaper advertisements of defendant?

No definite suggestion is possible unless the documents are perused and issues discussed.

prima facie, it appears that you could have got the documents exhibited and marked during your deposition as the plaintiff.

If the plaintiff fuiled the suit based on the said two newspaper advertisements, then definetly there should be a pleading made to this effect, in that case nothing prevented the plaintiff to produce the newspaper cutting as exhibits from his side when he deposed evidence as PW1.

Why should the plaintiff wait all along for the DW1 evidence and what is the relevance does the plaintiff has to mark  these documents as exhibits during defence witness, when it was the basic document by which the plaintiff filed the present suit.

However if there was a pleading made in this connetion the plaintiff can file a petition to reopen his own evidence and recall himself and also a file petition seeking court permission to file additional document from his side, when all the petitions are allowed he can very well step into the witness box and get the original paper cutting marked as his side exhibits. 

You may discuss with your advocate and explore the further  possibilities. 

Thank you Sirs,

At the stage of admission and denial, the Defendant had denied those advertisement cutting. In Plaintiff's examination in chief, those newes paper cuttings are referred and contents are proved. However those documents were not exhibited. 

Certainly i will take guidance for further possibilities.

Thank you.